The new EU design legislation is set out in two new acts adopted by the European Parliament and the Council which have just been published in the EU Official Journal on 18-11-2024: the Regulation (EU) 2024/2822, amending the currently in force Regulation on Community designs, and the Directive (EU) 2024/2823 on the legal protection of designs at national level in Member States. This legislation follows a process of consultation and evaluation carried out by the European Commission during the last ten years.
The aim of the revision is to simplify the system and making it more accessible and efficient, and with a view to updating the regulatory framework in light of developments in relation to new technologies on the market. The new European design legislation should offer design protection for digital designs and evolving technologies, including 3D printing.
The relevant changes will become effective gradually.
Main changes to be introduced
- Terminology
The name of Community Designs will change to European Union Designs (“EUDs”) and the Community design courts will be called the EU design courts, to be consistent with the European Trade Mark terminology.
- Definition of “product” and “design” expanded
Designs which are not embodied in physical products (digital designs) become possible, including all sorts of interactive interfaces and virtual environments. The concept of design was expanded to include the appearance of the whole or a part of a product resulting from the movement, transition or any other sort of animation of those features. It has been broadened to expressly encompass graphic works, logos, surface patterns and graphical user interfaces.
- Multiple design applications can cover more than one Locarno class
Applicants will be allowed to file for multiple design applications covering designs falling into different Locarno classes. However, for EU designs, there will be a limit of 50 designs per multiple design application.
- Protection measures enhanced
The creation, downloading, copying and making available of any medium or software which records the design for the purpose of reproduction of a product that infringes the protected design, for example, copies made using 3D printing technologies, will be considered use of the design subject to the right holder’s authorization.
- Reparability of products and “repair clause”
The so-called “repair clause” introduces new rules making design rights unenforceable regarding spare parts used for repair of complex products (such as spare parts for the automobile-repair sector). This clause is limited to “must match” parts only, i.e. to parts that are used to restore the original appearance of the product. There is a transitional period of 8 years (i.e. until 9 December 2032) that will allow that existing (national) designs of components parts will still enjoy protection during this time.
- Administrative procedures for the declaration of invalidity
Member States may provide for an efficient and expeditious administrative procedure before their offices for the declaration of invalidity of a registered design right. Portugal has already implemented administrative invalidity procedures at the INPI. At the EUIPO level, the possibility of faster procedures of invalidity where the holder of the registered EU design does not contest the grounds of invalidity or the relief sought will be introduced by secondary legislation.
For more information or any question please contact us (sgcr@sgcr.pt).
